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1. On June 11, 2007, the Defendant deposited with Daejeon District Court No. 3284 on 39,261,000 won, respectively, 5,608,714 won.
Reasons
1. Facts of recognition;
A. The registration of transfer has been completed on May 23, 1969 to the joint ownership (joint ownership) of I, J and three K on May 23, 1969 with respect to H forest land 1707 square meters (hereinafter “instant land”). The address of each owner (joint owner) is written in the register.
B. On May 24, 2005, the instant land was incorporated into the N Project District publicly announced by M in the Public Notice of the Ministry of Construction and Transportation, and the Defendant, the implementer of the instant project, was unable to reach an agreement on compensation for losses due to the unknown address of I, J and K, who is the landowner of the instant land, based on the service by public notice procedure on April 26, 2007, following a ruling of expropriation by the Central Land Expropriation Committee on June 14, 2007.
C. According to the above ruling of expropriation, the Defendant’s name on June 11, 2007 as to KRW 39,261,90 of the land of this case under the Daejeon District Court Decision No. 3284 decided June 2007, 207, based on Article 40(2)1 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor (amended by Act No. 11017, Aug. 4, 201) (the case where a person entitled to the compensation refuses to receive it or is unable to receive it), and as the cause of deposit is the impossibility of receipt due to the unknown address of the owner of the land of this case (the case where the person entitled to the compensation refuses to receive it).
2.J,
3. K) As the address was deposited with each “Swak L” (hereinafter “the deposit of this case”).
D. The plaintiffs' father died on December 10, 2008, and their heirs are children. [Grounds for recognition] There is no dispute, and Gap evidence Nos. 1 through 6 (each of the entries and arguments including numbers), the purport of the whole pleadings.
2. The parties' assertion
A. Since K became a sole owner of the instant land as a result of the death of I and J from among the joint owners of the instant land of the Plaintiffs, K died on December 10, 2008, the Plaintiffs, the inheritors of K, respectively, have the right to claim payment of deposit money of KRW 5,608,714 out of KRW 39,261,00 per statutory inheritance shares.